Here is my questionnaire info.
1. Who is the named plaintiff in the suit?
Midland Funding LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
Served with summons paper.
6. How were you served? (Mail, In person, Notice on door)
In person, someone delivered to me.
7. Was the service legal as required by your state?
As far as I know, it was filed with a district court.
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
I have not spoken to them at all.
9. What state and county do you live in?
Washington state, Cowlitz county.
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
11. What is the SOL on the debt? To find out:
Looked on creditcards.com and it says 6 years for WA.
12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
Summons was delivered, that's it.
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
It says 20 days after the service or summons
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Nothing at all. In the complaint, the first sentence is "The plaintiff is a legal entity having paid all licenses and fees if required by law and is authorized to bring this action."
I have seen a similar thread in this state, but i never did see the outcome. Looking for some ideas and help on how to win this.
This is my response to the complaint.
Superior Court of Washington, County of Cowlitz
MIDLAND FUNDING, LLC,
ANSWER AND AFFIRMATIVE DEFENSES
Defendant answers the complaint as follows:
1. I admit the statements in paragraph numbers 2.
2. I deny the statements in paragraph numbers 1 except for the following statements:
3. I lack knowledge about the truth and so deny the statements in paragraph number(s) 3, 4, 5, 6, 7, and 8.
II. Affirmative Defenses
My other defenses are:
T General Denial: I deny the allegations in the Complaint
T Plaintiff lacks standing and does not have authority to bring this lawsuit.
£ I am eligible for Charity Care for my hospital debt.
£ I did not receive a copy of the Summons and Complaint
£ I received the Summons and Complaint, but service was not correct as required by law.
T I do not owe this debt.
£ I am a victim of identity theft or mistaken identity. I am not responsible for this debt.
£ I have paid all or part of the debt.
T I disagree with the amount of the debt/the amount is incorrect.
£ Statute of limitations (the time has passed to sue on this debt).
£ This debt was discharged in bankruptcy.
£ The collateral (property) was not sold at a commercially reasonable price.
£ Unjust enrichment (the amount demanded is excessive compared with the original debt).
£ Violation of the duty of good faith and fair dealing.
£ Unconscionability (the contract is unfair.)
T Laches (Plaintiff has excessively delayed in bringing this lawsuit to my disadvantage).
£ Defendant is in the military.
DATED this _________ day of ________________, 20___.
I haven't filed this yet so please let me know what you think.